In most crisis situations, a hindsight evaluation of the events leading up to the crisis ALWAYS reveals that there is a critical moment when sustained and dedicated intervention by stakeholders would have averted the looming crisis. I sincerely believe in my heart that NBA is at that critical moment right about now. I have keenly followed the activities and pronouncements of the ECNBA in regards this upcoming election. I have also read the explanations contained in the appeal submitted by Mazi Afam Osigwe. And finally, I have taken the time to read ECNBA’s correspondence communicating the disqualification and also read and ANALYZED the section of the constitution quoted by the ECNBA to justify its conduct. And my honest to God opinion is that the entire process is UNTIDY. And quite frankly, I am disappointed by the fact that the ECNBA, knowing the fragile state of the Association with regards to pending and potential litigations, and realizing the contentious nature of this election, could not exercise more diligence and give more thought to its decisions. Without even going into the merits of the issues, I am irked by the carelessness of the Committee in citing a non-existent section of the NBA Constitution as part of its reason to justify the disqualification. Section 8(3)(a)(i) DOES NOT EXIST in the extant NBA Constitution. Unless I am reading it wrong. Which is unlikely as I have my reading glasses. In reading the letter, it is clear that they were probably relying on section 8(3)(a) and the inclusion of the Roman numeral was a typographical error. Yes, I know. “No one is above mistakes”. I realize that. But one would not be unreasonable in expecting that a letter authored and signed by BOTH the Chairman and Secretary of ECNBA, with all the parties that expectedly proof-read the letter before it was sent out, would at least see the typographical error and correct it. Especially in the section of the letter that provides the legal justification for the deprivation of a member’s constitutional right to run for an election. And they got it wrong. Are you kidding me? Come on, this is the real life here. Not Law School exam hypotheticals. And then days after this faux pas, they have yet to issue a correction, or a corrigendum explaining this grave error. We are lawyers, and each of us can run wild with our imaginations while drawing “REASONABLE INFERENCES” from this singular incident. I’m not going there this rainy morning. This whole issue is getting messy. And I honestly think it is time for the Elders of this Bar to have closed sessions with the NBA Leadership and correct this impasse. Because it has the real possibility of ridiculing the entire NBA 2018 election process. Much as I have tried to reason and understand this, a few things make no sense to me. Yes, in statutory interpretations, we must always seek to understand the intendment of the constitutional provision and step into the minds of the framers. 1. It makes NO SENSE to me that the NBA, whose membership comprises of lawyers from different branches of the Federation, would require that a member contesting for a National office MUST show proof of paying Branch dues for 3 years from a PARTICULAR BRANCH. Come on!! It is inconceivable that NBA would have intended to deprive its members of election privileges for merely moving from one branch to the other while AT ALL TIMES maintaining a valid membership status with the NBA itself. 2. It makes no sense to me that ECNBA did not find satisfactory proof of relocation to another branch when there is a correspondence to that effect, from the Chairman and Secretary of a recognized branch. This is implicitly questioning the credibility of the Branch Chairman and Secretary who issued the letter and should be of concern to ALL Branch Chairmen and Secretaries. 3. It makes no sense that NBA who is the custodian of records of payments of BPF, would Claim to be unable to verify a member’s payment of BPF when all they needed to do was grant ECNBA access to their own records of who paid for the relevant years. Please wake me up!! 4. It is also untidy and messy that the ECNBA would on the one hand state that no satisfactory proof of relocation has been established, but then turn around to rely on the list submitted by Nnewi Branch to include the candidates name in the final list of eligible voters. Et cetera et cetera. I truly believe that the ECNBA, in responding to the appeal filed by Mazi Afam Osigwe, should have been more sensitive to the mood of the association and err on the side of allowing him to participate in the election. What prejudice could have resulted from that? Why is it not glaringly clear that a TECHNICAL disqualification of a candidate who has served as a Branch Chairman and a GS of NBA would prove a bit challenging? On this point, I think a person who has served this NBA as a National Officer, of no less an office than a GENERAL SECRETARY, ought to receive the benefit of doubt in close call instances such as this and be allowed to participate in election. And calling this a “close call” is really an act of deference to ECNBA. But anyways. I believe that the NBA Leadership would be well within it’s rights AT THIS TIME to review the decision of the ECNBA and reverse this decision in the interest of justice. I think this would restore full faith and confidence in the leadership of the NBA. Finally, I believe the Learned Senior Counsel and Elders of this association should wade in and mediate this looming crisis to prevent the litigational backlash that would most probably follow this decision and cause further schism in the bar. I watched a clip recently of a World Cup match played sometime ago when A player from a country playing against Denmark picked up the ball with his hands in his penalty area when he mistakenly thought he had heard the last whistle from the referee. A penalty was awarded in favor of Denmark and The Team Captain, after conferring with the coach, deliberately MISSED the penalty, in the spirit of FairPlay. Even though Denmark ultimately lost the match, the lesson on integrity was not lost on the viewers. I was wondering if any of the contestants would be the “Denmark” of this election and denounce the disqualification of Mazi Afam Osigwe. Frankly, I couldn’t muster the political will to require that of any candidate. Because not certain that I would do so myself, I don’t want to burden the candidates with a yoke I wouldn’t personally bear. My “evil” mind would probably be saying “1 down 2 to go”! After all election is a “contact sports”. Anyway, I am admittedly imperfect. At times like this, I wish I had the seniority and the voice of some of you here, my Learned Senior Colleagues in this jurisdiction, so that I can use it to get to the ears of people who may hear. And heed. But I look around and realize that if this NBA is a fish pond, I am just a Tilapia. Where there are dolphins, sharks and whales. And I have been carefully tutored that NBA politics is “not America oh…you cannot be friends with my enemies and still be my friend”. I understand that. But as a lawyer, and a human being planning to make heaven, there are moments when the thought of Dante’s “hottest places in hell” keep me awake at night, especially when I feel I ought to speak out, but choose not to. Last night was one of those nights. Hence this early morning meditation. “It is better to look ahead and prepare, than to look back and regret” – Jackie Joyner-Kersey. Have a great Tuesday, Good Lawyers. I usually don’t make it a habit to pray for inanimate beings, but I will remember to mention NBA by name in my prayers today. And God usually listens. *Dr. Chike Amobi +234 706 469 9400*]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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